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C08-13 Extension Tolling Agreement with WRCOG For Tumf SIXTH EXTENSION OF TOLLING AGREEMENT This Sixth Tolling Agreement Extension(the"Extension") is entered into and deemed effective as of July 15, 2009 (the"Effective Date")by and between the City of Beaumont and its governing body,the City Council(collectively i ly theMF"CiFee ")on the one nts (cell hand, and Western Riverside Council of Governments and all o "•WRCOG") on the other hand. RECITALS A. The Parties previously entered into that certain tolling agreement (the "Tolling Agreement")related to disputes regarding the Transportation Uniform Mitigation Fee Program(TUMF). B. The Tolling Agreement commenced on August 13, 2008 and was set to expire on November 1,2008. C. The Parties previously entered into an extension of the Tolling Agreement ("First Extension")on October 14, 2008. The First Extension commenced on October 14, 2008 and was set to expire on December 15, 2008. D. The Parties previously entered into another extension of the Tolling Agreement("Second Extension") on December 15, 2008. The Second Extension commenced on December 15,2008 and was set to expire on January 15, 2009. E. The Parties previously entered into another extension of the Tolling Agreement("Third Extension") on January 15, 2009. The Third Extension commenced on January 15,2009 and was set to expire on March 15,2009. F. The Parties previously entered into another extension of the Tolling Agreement("Fourth Extension") on March 1.5, 2009. The Fourth Extension commenced on • March 15, 2009 and was set to expire on May 15, 2009. G. The Parties previously entered into another extension of the Tolling Agreement("Fifth Extension") on May 15, 2009. The Fifth Extension commenced on May 15, 2009 and is set to expire on July 15, 2009. N, The Parties continue to express a mutual desire to continue negotiations and therefore believe there is sufficient justification for entering into another extension of the Tolling Agreement. -1- NOW,THEREFORE, it is agreed by the Parties hereto as follows: 1. Extension of Tolling Agreement: The term of the Tolling Agreement is hereby extended to and including September 15, 2009, and shall remain in full force and effect until that date. 2. Full Force and Effect: Except as herein expressly stated, the terms and conditions of the Tolling Agreement shall remain in full force and effect. 3. Counterparts: This Extension may be signed in counterparts by one or more of the Parties, and those counterparts,when taken together, shall have the same force and effect as if a single, original document had been signed by all of the Parties. 4. Authority: Each of the individuals signing below warrants and represents his or her authority to sign on behalf of their respective party or parties. Dated: July tip, 2009 City of Beau •int t By:_i�,■ Dated: July , 2009 Western Riverside Council of Governments By: -2- mak OZ FIFTH EXTENSION OF TOLLING AGREEMENT This Fifth Tolling Agreement Extension(the"Extension") is entered into and deemed effective as of May 15, 2009 (the"Effective Date")by and between the City of Beaumont and its governing body, the City Council(collectively the"City")on the one hand, and Western Riverside Council of Governments and all other TUMF Fee recipients (collectively "WRCOG") on the other hand. RECITALS A. The Parties previously entered into that certain tolling agreement(the "Tolling Agreement")related to disputes regarding the Transportation Uniform Mitigation Fee Program(TUMF). B. The Tolling Agreement commenced on August 13, 2008 and was set to expire on November 1, 2008. C. The Parties previously entered into an extension of the Tolling Agreement ("First Extension")on October 14, 2008. The First Extension commenced on October 14, 2008 and was set to expire on December 15, 2008. D. The Parties previously entered into another extension of the Tolling Agreement("Second Extension") on December 15, 2008. The Second Extension commenced on December 15, 2008 and was set to expire on January 15, 2009. E. The Parties previously entered into another extension of the Tolling Agreement("Third Extension") on January 15, 2009. The Third Extension commenced on January 15, 2009 and was set to expire on March 15, 2009. F. The Parties previously entered into another extension of the Tolling Agreement("Fourth Extension") on March 15, 2009. The Fourth Extension commenced on March 15, 2009 and is set to expire on May 15, 2009. G. The Parties continue to express a mutual desire to continue negotiations and therefore believe there is sufficient justification for entering into another extension of the Tolling Agreement. NOW, THEREFORE, it is agreed by the Parties hereto as follows: 1. Extension of Tolling Agreement: The term of the Tolling Agreement is hereby extended to and including July 15, 2009, and shall remain in full force and effect until that date. -1- r 2. Full Force and Effect: Except as herein expressly stated,the terms and conditions of the Tolling Agreement shall remain in full force and effect. 3. Counterparts: This Extension may be signed in counterparts by one or more of the Parties,and those counterparts,when taken together, shall have the same force and effect as if a single, original document had been signed by all of the Parties. 4. Authority: Each of the individuals signing below warrants and represents his or her authority to sign on behalf of their respective party or parties. Dated: May/l2009 City of Beaumo I' r Dated: May_, 2009 Western Riverside Council of Governments By: -2- Cog- i3 Fourth Extension of Tolling Agreement This Fourth Tolling Agreement Extension (the "Extension) is entered into and deemed effective as of March 15, 2009 (the "Effective Date") by and between the City of Beaumont and its governing body, the City Council (collectively the "City") on one hand, and Western Riverside Council of Governments and all other TUMF Fee recipients (collectively"WRCOG") on the other hand. RECITALS A. The parties previously entered into that certain tolling agreement (the "Tolling Agreement") related to disputes regarding the Transportation uniform Mitigation Fee Program (TUMF). B. The Tolling Agreement commenced on August 13, 2008 and was set to expire November 1, 2008. C. The parties previously entered into an extension of the Tolling Agreement ("First Extension") on October 14, 2008. The first extension commenced on October 14, 2008 and was set to expire on December 15, 2008. D. The parties previously entered into another extension of the Tolling Agreement ("Second Extension") on December 15, 2008. The Second Extension commenced on December 15, 2008 and was set to expire on January 15, 2009. E. The parties previously entered into an extension of the Tolling Agreement ("Third Extension") on January 15, 2009. The third extension commenced on January 15, 2009 and was set to expire on March 15, 2009. F. The Parties continue to express a mutual desire to continue negotiations and therefore believe there is sufficient justification for entering into another extension of the Tolling Agreement. Now, Therefore, it is agreed by the parties hereto as follows: 1. Extension of Tolling Agreement: The term of the Tolling Agreement is hereby extended to and including May 15, 2009, and shall remain in full force and effect until that date. 2. Except as herein expressly stated, the terms and conditions of the Tolling Agreement shall remain in full force and effect. 3. Counterparts: This Extension may be signed in counterparts by one or more of the parties, and those counterparts, when taken together, shall have the same force and effect as if a single, original document has been signed by all of the Parties. Dated:March 9, 2009 City of Beaum• t Alt .�. �. Dated:March Ic , 2009 Western Riverside Council of Governments ♦ . / . I TOLLING AGREEMENT his lolling, Agreement ("Agreement") is made and is deemed effective ;LS of August 13. 2008. expiring November 1, 2008, by and between the City of Beaumont and its governing body. the City Council I collectively the "City") on the one hand. and Western Riverside Council of Ciovemments and all other It W Fee recipients Ieollectively "WRCOG"I on the other hand. I. Dispute, 'the Parties desire that the City and WRCO(i defer or avoid litigation at this time regarding any and all petitions, rights, causes of action, counter-claims, cross-claims, claims and defenses arising from the alleged failure to pay the ;umlauts legally due under the it 'ME. Administrative Plan adopted by WRCOCi. if any. that the City has collected and withheld, or should have collected. under any City Ordinance and.or Resolution imposing the 'CUMF in the City of Beaumont andior the FUNIF Administrative Plan. The City contends that it has complied with the provisions of City's Li MF Ordinance and accordingly does not owe It MF fees to WRCOG. Additionally. the Citontends that it has overpaid such fees for which it should be reimbursed, In art effort to avoid litigation. the Parties have expressed a mutual desire to negotiate an amicable resolution. Iherefore. it is the purpose of this Agreement to provide an opportunity for the Parties to meet and confer. in good faith, in order to negotiate a mutually-acceptable compromise of their respective claims, in lieu of filing litigation immediatety. Statute of I initt4ilum the Panics agree that the time periods for ail Federal and state statutes of limitations which could be asserted to bar any suits. rights. • , 9:21/8 • petitions or causes of action concerning ParaknaP1 1 abuse. shall he tolled for the duration of this Agreement: pros idea, hovo.trer, that the term of this Agreement may be extended in writing hy mutual agreement between the City and WRCOG. This Agreement intended to satisfy Calihuflia Code of Civil Procedure section 360 5 and any other pro%ision of la+.‘ necessary to extend the statute of limitations. 3. No Admission Neither this Agreement nor anything contained herein shall constitute an admission by either the City or WRC(Xi of any liability, or the validity of any claim or defense of either. By, entering into this Agreement. the Parties do not admit any fact or assume any liability of any kind. 4, Undcr54ffiding. 'the City and WRCILX; have discussed this Agreement ith their respective counsel and understand its terms and implications. Authorization. The individuals signing this Agreement are authorized to sin on behallof their respective parties, 6. Counterparts. I his Agreement may be signed in counterparts hy one or more of the Parties. and those counterparts. when laken together, shall have the same force and effect as if a single, original document had been signed by all of the Parties. 7. Formation of Neeotiations Committee To facilitate the negotiations contemplated by this Agreement. the Parties may form a "Negotiations Committee" consisting of represent/Hi VeS of the and VfiRCOG, Thr Cornmittre shall meet at such times and places as its members may agree upon Committee may discuss vhar IL Nif tees are due tis R the City (if anyl. what IIJMF fees are to he reimbursed to the City (if any). and to explore a practical means for coordinating the City's transportation infrastructure development program %kith the rtiVIF program. Dated: September 2. 2008 ('its of Beaumopt / / Dated: September . 2008 Western Riverside Council of Go%ernmcnts 411k P EXTENSION OF TOLLING AGREEMENT This Tolling Agreement Extension(the"Extension") is entered into and deemed effective as of the October�f/ 2008 (the"Effective Date")by and between the City of Beaumont and its governing body,the City Council (collectively the "City") on one hand, and Western Riverside Council of Governments and all other TUMF Fee recipients (collectively"WRCOG") on the other hand. RECITALS A. The Parties previously entered into that certain tolling agreement(the "Tolling Agreement")related to disputes regarding the Transportation Uniform Mitigation Fee Program(TUMF). B. The Tolling Agreement commenced on August 13, 2008 and is set to expire on November 1, 2008. C. The Parties continue to express a mutual desire to continue negotiations and therefore believe there is sufficient justification for entering into an extension of the Tolling Agreement. NOW, THEREFORE, it is agreed by the Parties hereto as follows: 1. Extension of Tolling Agreement: The term of the Tolling Agreement is hereby extended to and including December 15, 2008, and shall remain in full force and effect until that date. 2. Except as herein expressly stated, the terms and conditions of the Tolling Agreement shall remain in full force and effect. -1- 3. Counterparts: This Extension may be signed in counterparts by one or more of the Parties, and those counterparts, when taken together, shall have the same force and effect as if a single, original document had been signed by all of the Parties. Dated: October/2008 City of Beaumo• Dated: October_, 2008 W• -rn Riverside C• •cil • overnments By: -2-